Author Archives: Lorian Hardcastle

About Lorian Hardcastle

J.D. (Dalhousie), LL.M. and S.J.D. (Toronto). Assistant Professor. Please click here for more information.

Is Alberta’s Mental Health Act Sufficiently Protecting Patients?

By: Lorian Hardcastle

PDF Version: Is Alberta’s Mental Health Act Sufficiently Protecting Patients?

Case Commented On: JH v Alberta Health Services, 2017 ABQB 477 (CanLII)

At first blush, JH v Alberta Health Services does not seem to warrant much attention. It is an oral judgement relating to a procedural matter—whether a plaintiff can proceed with a moot claim. However, this case highlights several important issues in mental health law and its resolution could result in significant reforms to Alberta’s Mental Health Act, RSA 2000, c-13. The plaintiff, who was involuntarily detained and treated at Foothills Hospital for nine months, disputed his detention and challenged the constitutionality of several provisions of the Mental Health Act. He was diagnosed with a neuro-cognitive disorder and had also struggled with alcoholism and the physical injuries resulting from a car accident. Continue reading →

Squabble Over Alberta Dental Fees Highlights Broader Need to Rethink What is Publicly Insured

By: Lorian Hardcastle

PDF Version: Squabble Over Alberta Dental Fees Highlights Broader Need to Rethink What is Publicly Insured

A 2016 government report revealed that dental procedures cost up to 44% more in Alberta than in neighbouring provinces. In addition, 62% of Albertans reported limiting dental visits due to cost concerns. The resulting fallout from this 2016 report led the Alberta Dental Association and College (ADAC) to respond with a new fee guide on August 17, 2017. When the ADAC stopped publishing its fee guide in 1997, Alberta became the only province without such a guide, which may have contributed to the current high cost of dental care. Although dentists are not bound by the fees listed in these guides, they can encourage price competition, improve transparency, and better inform patients. Alberta’s Minister of Health was “not satisfied” with the new guide, which proposed a 3% across-the-board reduction in dental fees. She stated that Albertans “deserve better” and has sent the ADAC back to the table to rethink the new fee guide. Continue reading →